to the approval of the superintendent, make available and, if requested by the policyholder, provide additional excess coverage in an amount requested by such policyholder. (b) With respect to the excess coverage and additional excess coverage required to be made available on and after July first, nineteen hundred eighty-five by subsection (a) of this section, the superintendent shall establish and promulgate provisional rates to be charged for such excess coverage and additional excess coverage. The superintendent, subsequent to December first, nineteen hundred eighty-five, shall approve final rates for such excess coverage and additional excess coverage for the period commencing July first, nineteen hundred eighty-five and ending June thirtieth, nineteen hundred eighty-six. No insurer shall have the duty to file for final rates for such excess coverage or additional cess coverage for the period commencing July first, nineteen hundred eighty-five prior to December first, nineteen hundred eighty-five. § 18. Paragraph one of subsection (e) of section five thousand five hundred two of such law is amended to read as follows: ex (1) To issue, or to cause to be issued, policies of insurance to physician applicants subject to primary limits specified in the plan of operation not in excess of one million dollars for each claimant under one policy and three million dollars for all claimants under one policy in any one year, and excess coverage as provided in this paragraph. Each applicant shall be entitled to purchase a policy providing primary limits not to exceed one million dollars for each claimant and three million dollars for all claimants in any one year. In addition, any applicant insured by the association in an amount equal to or greater than one million dollars for each claimant and three million dollars for all claimants in any one year, or any other applicant covered under a policy or policies providing such primary levels of insurance against liability for medical or dental malpractice that is issued by an authorized insurer, shall be entitled to purchase a policy from the association providing excess coverage of at least one million dollars per claimant and three million dollars for all claimants in any one year. The association shall, subject to the approval of the superintendent, make available, and if requested by the applicant, provide additional excess coverage in an amount requested by such applicant. With respect to the coverage required to be made available on and after July first, nineteen hundred eighty-five by this paragraph, the superintendent shall establish and promulgate provisional rates to be charged for such excess coverage and additional excess coverage. The superintendent, subsequent to December first, nineteen hundred eighty-five, shall approve final rates for such excess coverage for the period commencing July first, nineteen hundred eighty-five and ending June thirtieth, nineteen hundred eightysix. The association shall not have the duty to file for final rates for such excess coverage and additional excess coverage for the period commencing July first, nineteen hundred eighty-five and prior to December first, nineteen hundred eighty-five. for § 19. Every general hospital which maintains facilities for providing emergency medical care shall purchase a policy for excess insurance coverage, as authorized by paragraph one of subsection e of section five thousand five hundred two and section three thousand four hundred thirty-seven of the insurance law, or shall provide equivalent excess coverage in a form approved by the superintendent of insurance, medical or dental malpractice occurrences between July first, nineteen hundred eighty-five and June thirtieth, nineteen hundred eighty-six for physicians or dentists requesting such coverage and having professional privileges in such hospital who, from time to time, provide emergency medical or dental care in such hospital to persons who require such care, provided, however, that such physicians or dentists must have in force an individual policy, from an insurer licensed in this state of primary malpractice insurance coverage in amounts of no less than one million dollars for each claimant and three million dollars for all claimants under that policy during the period of such excess coverage for such occurrences. During such period, such policy for excess coverage must, when combined with the physician's or dentist's primary malpractice insurance coverage, total an aggregate level of two million dollars for each claimant and six million dollars for all claimants from all such policies with respect to occurrences in such year. In the event that a physician or dentist has professional privileges in more than one EXPLANATION-Matter in italics is new; matter in brackets [] is old law hospital, such excess coverage shall be purchased or provided by the hospital designated by such physician or dentist as the hospital with which the physician or dentist is primarily affiliated. § 20. Notwithstanding the provisions of subdivision five of section twenty-eight hundred seven-a of the public health law, the commissioner of health or his designees shall adjust the inpatient revenue cap for those general hospitals which are required to purchase a policy for excess insurance coverage for medical malpractice occurrences or who provide equivalent excess insurance coverage pursuant to section nineteen of this act. An adjustment shall be made to the inpatient revenue cap of such hospitals to reflect the cost of such excess coverage for the period of July first, nineteen hundred eighty-five to December thirty-first, nineteen hundred eighty-five. Such adjustment shall be made by the commissioner of health within sixty days of submission of adequate evidence of costs incurred for such excess coverage. COV § 21. Notwithstanding the provisions of article twenty-eight of the public health law relating to rate adjustment, the commissioner of health or his designee shall adjust the established rate for those general hospitals which are required to purchase a policy for excess insurance coverage for medical malpractice occurrences or who provide equivalent excess coverage pursuant to section nineteen of this act. An adjustment effective January first, nineteen hundred eighty-six, shall be made to the established rate to reflect the cost of such excess erage for the period January first, nineteen hundred eighty-six to June thirtieth, nineteen hundred eighty-six and shall not be carried forward. § 22. The chief administrator of the courts shall conduct a study of the impact of section fourteen of this act upon the disposition of medical malpractice actions in the fifth judicial district and in the county of Suffolk, as compared to medical malpractice actions in the seventh judicial district and in the county of Nassau. On or before January first, nineteen hundred eighty-eight, the chief administrator shall prepare and transmit to the legislature, the governor and the chief judge of the court of appeals a report of his findings, including but not limited to numbers of actions brought, the speed with which cases reached final disposition, and the impact of the panels on the adjudication of the action, together with any appropriate recommendations. § 23. Severability. If any provision of any section of this act shall be held void or unconstitutional, all other provisions and all other sections of this act which are not expressly held to be void or unconstitutional shall continue in full force and effect. § 24. Appropriation. The sum of two million dollars ($2,000,000), or so much thereof as may be necessary, is hereby appropriated to the department of health from any moneys in the state treasury in the general fund to the credit of the state purposes account not otherwise appropriated, to improve and expand the operations of the office of professional medical conduct. Such sum shall be payable on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of health, or his duly designated representative in the manner prescribed by law. § 25. This act shall take effect July first, nineteen hundred eightyfive; provided, however, that: section four of this act shall be applicable to any actions commenced on or after such date; sections five, six, seven, eight, nine and ten of this act shall be applicable to any action for dental or medical malpractice commenced on or after such date; section fourteen of this act shall apply to medical malpractice actions for which a medical malpractice panel hearing has not been conducted by such date; section fifteen of this act shall be applicable to any retainer agreement executed on or after such date; section three thousand four hundred thirty-seven of the insurance law, as added by section seventeen of this act, shall be of no further force or effect on and after July first, nineteen hundred eighty-six when upon such date such section of the insurance law shall be deemed repealed; the amendment made by section eighteen of this act to paragraph one of subsection (e) of section five thousand five hundred two of the insurance law shall be of no further force or effect on and after July first, nineteen hundred eighty-six when upon such date the provisions of paragraph one of subsection (e) of section five thousand five hundred two of the insurance law as they existed immediately before the effective date of section eighteen of this act shall be deemed revived and in full force or effect on and after such date; section nineteen of this act shall be of no further force or effect on and after July first, nineteen hundred eighty-six; section twenty of this act shall be of no further force or effect on and after December thirty-first, nineteen hundred eighty-five; and except that section twenty-one of this act shall take effect on January first, nineteen hundred eighty-six and shall be of no further force or effect on and after July first, nineteen hundred eighty-six. CHAPTER 295 AN ACT in relation to the authority of the power authority of the state of New York to contract for the sale of certain hydroelectric and energy The Became a law July 5, 1985, with the approval of the Governor. power People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings. The legislature finds, determines and declares that expansion of New York state's automobile industry will greatly contribute to the economic welfare of the people of the state; that a new automobile manufacturing facility employing approximately six thousand people will create unprecedented opportunities for the location within New York of suppliers and other supporting enterprises employing thousands of additional workers; that such a facility will thus contribute to economic growth and generate substantial state and local revenues; that the provision of economical hydroelectric power and energy from the power authority of the state of New York for use by such a facility will encourage the location thereof within the state; that toward these ends the governor has made an aggressive proposal to General Motors to locate its Saturn project in the state and has requested that up to one hundred megawatts (100 Mw) of hydroelectricity be made available for the facility; and that a public purpose will be served and the interests of the people of the state will be promoted if such power and energy were made available for that purpose. § 2. Notwithstanding any inconsistent provision of law, the power authority of the state of New York is authorized to contract, prior to March thirty-first, nineteen hundred eighty-six, pursuant to section ten hundred nine of the public authorities law, to sell up to one hundred megawatts (100 Mw) of firm hydroelectric power and associated energy for use by the recipient soley in a new automobile manufacturing and assembly facility to be constructed in the state and designed to employ directly approximately six thousand persons. § 3. This act shall take effect immediately. CHAPTER 296 AN ACT to amend the election law, in relation to contents of Became a law July 5, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision two of section 6-134 of the election law, as amended by chapter three hundred seventy-three of the laws of nineteen hundred seventy-eight, is amended to read as follows: 2. Sheets of a designating petition shall be bound together in one or more volumes. The sheets in each volume shall be numbered consecutively at the foot of each sheet, beginning with number one. There shall be a EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law cover sheet attached to each petition consisting of ten or more sheets and each volume thereof. Each cover sheet shall indicate the office for which each designation and nomination is being made, the name and residence address of each candidate, the total number of pages comprising the petition, and the total number of signatures contained in such petition, except that such cover sheet need not contain the names and addresses of candidates for the position of member of the county committee if a list of the names and addresses of such candidates grouped by the election district in which they are candidates is filed together with such petition. If the petition is filed in two or more volumes, the cover sheet for each volume shall also contain the following additional information: the number of the volume, the total number of pages in the volume, the total number of signatures contained in the volume, and the numbers of the first and last pages contained therein. The cover sheet for any volume which contains petitions for the position of member of the county, committee in addition to petitions for another office or position, shall also set forth the following information for each election district for which candidates for county committee are contained in such volume: the number of the election district, the numbers of the pages on which such candidates are designated, the total number of such pages and the total number of signatures on such pages. § 2. This act shall take effect immediately. CHAPTER 297 AN ACT authorizing the transfer of sponsorship of Corning community college from the city school district of the city of Corning to a community college region Became a law July 8, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Transfer of sponsorship. The board of education of the city school district of the city of Corning may terminate the sponsorship of Corning community college and transfer the sponsorship of the community college by resolution in accordance with the provisions of article one hundred twenty-six of the education law, as amended by chapter five hundred fifty-two of the laws of nineteen hundred eighty-four, and pursuant to the master plan, standards and regulations prescribed by the state university trustees, and with the approval of said trustees; and the board of trustees of the community college region established to sponsor Corning community college may accept the transfer of such college by resolution. § 2. Succession of property. Notwithstanding any inconsistent provision of any other law, the city school district of the city of Corning may grant, transfer or convey to the community college region established to sponsor Corning community college without consideration, and the community college region may accept, receive and hold any real or personal property or assigned assets, or any interest therein, consisting of the Corning community college. All such grants, transfers and conveyances heretofore or hereafter made are legalized, validated, rati fied and confirmed. $ 3. Fiscal year. Notwithstanding any other law, the period commencing July first, nineteen hundred eighty-four and ending August thirty-first, nineteen hundred eighty-five, shall be known as the interim fiscal period for the Corning community college. In accordance with article one hundred twenty-six of the education law, as amended by chapter five hundred fifty-two of the laws of nineteen hundred eighty-four, the regular fiscal year of such community college shall be the period commencing the first day of September and ending with the thirty-first day of August in each year. The first such regular fiscal year for Corning community college shall commence on September first, nineteen hundred eighty-five and end on August thirty-first, nineteen hundred eighty-six. § 4. Liabilities and obligations. The city school district of the city of Corning and community college region are hereby authorized to provide by agreement for the payment of any liabilities incurred for community college purposes, including all debts and obligations of every kind, but not including bonded indebtedness, including, but not limited to, any obligations outstanding prior to the date of the transfer of sponsorship of the college to the community college region. Subsequent to the date of transfer of sponsorship, and notwithstanding any other contrary provision of law, the community college region shall have the power to borrow money in anticipation of revenue due to the community college region and shall, solely for the purpose of contracting indebtedness under section 25.00 of the local finance law, be deemed a school district. For the purposes of the local finance law, the board of trustees of the community college region shall be the finance board, its chairman shall be its chief fiscal officer, and its fiscal year shall be as set forth in section three of this act; provided further that the provisions section 162.00 of the local finance law shall be applicable to revenue anticipation notes issued under this section. of § 5. Personnel. The city school district of the city of Corning and community college region may make provision for the personnel of the Corning community college who are employees of the city school district of the city of Corning, and for their transfer, retirement, employment status, tenure, seniority and working conditions upon the change of sponsorship of the Corning community college. § 6. Board of trustees. Notwithstanding any inconsistent provision of any other law, the terms of office of the current Corning community college board of trustees shall terminate on the effective date of this act and a new board of trustees shall be constituted, to assume office as of such date, in accordance with the provisions of article one hundred twenty-six of the education law as amended by chapter five hundred fifty-two of the laws of nineteen hundred eighty-four. § 7. Ratification. of sponsor, county and community college actions. Notwithstanding any inconsistent provision of any other law, all actions taken by the city school district of the city of Corning as sponsor of Corning community college, Corning community college, its trustees, officers and employees, Chemung county, Schuyler county and Steuben county with respect to establishment of a community college region or the transfer of sponsorship of Corning community college to such community college region, including establishment of an interim fiscal period for such community college, the approval of any budget or tax for such interim fiscal period, the approval of and the issuance of revenue anticipation notes and other obligations, all contracts, purchases, agreements and appointments made and entered into by such counties and sponsor on behalf of Corning community college, all contracts, purchases, agreements and appointments made and entered into by Corning community college, all actions taken by the city school district of the city of Corning and such counties in incurring any obligation to finance the expenditures of such community college, the action of such area school district in transferring title of all college properties to the community college region, and any and all actions taken by such counties, sponsor and community college with respect to the aforesaid matters for any purposes relating to the provision of educational facilities and services for the students of the community college, are hereby legalized, validated, ratified and confirmed, as if such actions had been based on express statutory authority. § 8. Separability. If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 9. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |